Suva lawyer and Opposition nominee for the Constitutional Offices Commission, Richard Naidu has resigned from the commission.
Naidu says his concerns about how the Commission operates have been growing.
He says the way in which the acting Commissioner of Police has recently been appointed persuades him that there is little point in remaining a Commission member.
Richard Naidu says when the Prime Minister recommends acting appointments of Constitutional officers to the President, he is exercising powers entrusted to him by Commission members.
Naidu says in the case of the Police Commissioner, the Prime Minister should have recommended the most senior available officer in the Police ranks to act as Commissioner until a new substantive appointment was made.
He says if he wanted to recommend a random acting appointment, outside the Police hierarchy, he owed it to Commission members to consult them first.
Naidu says in his statement that many months ago, the Commission advertised for applications for the positions of Auditor‑General and Commissioner of the Fiji Corrections Service.
He says no appointments have been made.
Naidu also says there has been an Electoral Commission vacancy for many months. This has not been filled.
He says under the Constitution the Commission has been effectively politicised, with four Government members/appointees having the power simply to outvote the other two members.
Attorney General, Aiyaz Sayed-Khaiyum says if Richard Naidu has chosen to resign from the Constitutional Offices Commission then that is his prerogative, notwithstanding the fact that the reasons put forward by Naidu are misplaced.
Sayed-Khaiyum says under section 132 of the Constitution, the quorum for the meeting of the Commission is 3 out of a total of 6 members (that is, the chairperson and 2 other members).
Prime Minister, Voreqe Bainimarama is the chair of the commission. Other members are Aiyaz Sayed-Khaiyum and PM’s nominees Ajith Kodagoda and Sanjay Kaba. The other members are Opposition Leader, Ro Teimumu Kepa and Richard Naidu.
He says as such, Naidu’s resignation will not hinder the functions and duties of the Commission, which it shall continue to perform independently and in accordance with the Constitution.
The Attorney General says it is up to the Leader of the Opposition, should she choose to do so, to nominate another member to replace Naidu.
In the meantime, the Commission will continue to perform its constitutional duties.
Sayed-Khaiyum clarifies that at its April meeting, all the members of the Constitutional Offices Commission unanimously agreed that leaves of absence and acting appointments for a period of less than 3 months are to be approved by the Chairperson and the Secretariat and leaves of absence and acting appointments for a period of more than 3 months are to be approved by the Members of the Commission through Flying Minute.
The Attorney General says Richard Naidu agreed to the resolution of the Commission, under which all the members of the Commission unanimously delegated to the Chairperson the authority to make acting appointments for a period of less than 3 months.
Sayed-Khaiyum says the acting appointment to the position of the Commissioner of Police was clearly made in accordance with the resolution.
He also says that the appointment of Brigadier‑General Sitiveni Qiliho is for a period of upto 3 months. The resolution allows the Chairman to make the acting appointment.
Sayed-Khaiyum says the fact that emails were sent by the Secretariat to all the members for their comments and decision with respect to the extension of the acting appointment of the Commander of the RFMF two weeks ago, is also fully in accordance with the unanimous resolution passed by all the members of the Commission.
He says the fact that comments and decision of the members were sought by the Secretariat through a flying minute by email, does not make any member of the Commission a mere rubber stamp as wrongly claimed by Naidu.
Sayed-Khaiyum says the Commission is not politicised, as wrongly claimed by Naidu.
Under the Constitution, the Commission has representatives from Government as well as from the Opposition. Apart from the Prime Minister, the Leader of the Opposition and the Attorney‑General, the other 3 members of the Commission are not politicians.
The Secretariat is currently processing the vacancies of Auditor‑General and Commissioner of the Fiji Corrections Service, which closed in August 2015, for a decision to be made by the Commission members on the most successful candidates. The Commission has already advertised the vacancy for the position of the Commander of RFMF and will in due course, make a decision on the most successful candidate for this position. The Commission will also be advertising the vacancy of the Commissioner of the Fiji Police Force soon.
The Commission will also at its next full meeting, which shall be called by the Chairperson and not any other individual member of the Commission, make a decision on the vacancy of a single member of the Electoral Commission following the resignation of Dr. Vijay Naidu after the announcement of the elections results last year.
